ORDER

With the consent of the parties, heard finally at motion stage.

2. Appellant has filed the present appeal under Section 173(1) of the Motor Vehicle Act, 1988 against the award dated 06.07.2023 passed by Member, MACT, Anuppur in MACC No.04/2021 seeking reduction of compensation amount.

3. Learned counsel for the appellant submits that deceased being bachelor 1 1/2 should have been deducted for personal and living expenses. Respondents No.2 and 3 being brothers of deceased and cannot be treated to be dependent of deceased. Further, in view of age of the deceased (21 years), 40 % should be added as future prospects. Further, Tribunal has awarded consortium to all the respondents and only mother of the deceased shall be entitled to receive consortium. Further, tribunal has added 10% towards consortium and loss of estate and funeral expenses. Whereas in view of judgment of National Insurance Company Ltd. Vs. Pranay Sethi 2017 SCC Online 1270 only after three years, 10 % is to be given under the conventional heads. Learned counsel for the appellant submits that Tribunal has also imposed penal interest at the rate of 9%, if compensation amount is not deposited within two months.

awarded